Individuals who are charged with domestic violence may use a variety of defenses to refute the allegations made against them. For instance, defendants in California or elsewhere may assert that they are the victims of mistaken identity. This might be done by presenting evidence showing that they were somewhere else when an attack took place. A defendant may also claim that he or she is the victim of a false allegation.
It isn’t uncommon for allegations of domestic abuse to be made during divorce cases or during child custody proceedings. Individuals may be able to defend themselves against false allegations by pointing out differences between an accuser’s story and those offered by other sources. If there isn’t enough proof that a person abused a spouse, child or other family member, a defendant may be acquitted of a domestic violence charge.
Defendants could claim that they took action in an effort to defend themselves or to defend vulnerable family members. A person who claims that he or she was acting in self-defense must be able to show that his or her actions were proportional to the threat posed by an aggressor. Finally, individuals who consent to being hit or to engage in other potentially harmful activities won’t generally be seen as victims of domestic abuse.
A person who is charged with domestic violence may spend time in jail or prison if convicted. Furthermore, a parent may lose custody or other rights to a son or daughter. A criminal defense attorney may be able to help a person effectively dispute the charge by asserting that there isn’t enough evidence to prove that a crime occurred. Witness statements or police reports may also be used to show that a defendant was falsely accused of abusing a spouse or family member.